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(영문) 수원지방법원 2018.12.20 2018구합211
정보비공개결정처분취소
Text

1. A prisoner of each of the information listed in [Attachment 1], (4), (5), and (0) of the instant lawsuit.

Reasons

1. Details of the disposition;

A. The Plaintiff was admitted to the Suwon Detention House on August 5, 2016, and the two-year imprisonment was finalized on October 20, 2016, and was transferred to the female prison on November 1, 2017. On January 25, 2018, the Plaintiff was a convicted prisoner who was transferred to the Ansan Prison on March 20, 2018 after the one-year imprisonment was finalized due to a breach of trust, etc., which is an additional case.

Therefore, the detention center was accepted and managed by the plaintiff from August 5, 2016 to November 1, 2017 in accordance with the relevant laws such as the Administration and Treatment of Correctional Institution Inmates Act.

B. On November 23, 2017, the Plaintiff requested the Defendant, the head of the Suwon Detention House, to disclose the information pertaining to each of the information listed in the attached Table 1 (hereinafter collectively referred to as “instant information,” and the individual information is specified as “(i) information,” etc.).

C. On December 5, 2017, the Defendant rejected disclosure of the instant information on the ground that the information constitutes a non-disclosure subject matter under Articles 9(1)4 (a) and 6 (a) of the Official Information Disclosure Act (where disclosed, any information pertaining to enforcement and correction of punishment, with considerable grounds to believe that such disclosure is substantially difficult) of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”), and that the information constitutes a non-disclosure subject matter under Article 9(1)6 (where disclosed, any information likely to infringe on the secrecy or freedom of privacy). The Defendant decided to disclose the remainder of the information excluding the information corresponding to the non-disclosure subject matter under Article 9(1)6 of the Information Disclosure Act that is likely to infringe on the privacy or freedom

(1) The decision not to disclose information (hereinafter referred to as “instant disposition”) D.

Accordingly, on December 29, 2017, the Plaintiff filed an administrative appeal seeking revocation of the instant disposition with the Seoul Regional Correction Agency. On March 26, 2018, the Seoul Regional Correction Agency Administrative Appeals Commission (hereinafter “Administrative Appeals Commission”) filed a claim for information.

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